IN RE: the Claim of Leon C. HARVEY Jr. (1999)

Appeal from a decision of the Unemployment Insurance Appeal Board, filed May 21, 1998, which ruled that claimant was disqualified from receiving unemployment insurance benefits because his employment was terminated due to misconduct.

 Claimant was terminated from his employment as a computer project specialist after offending a co-worker by admonishing him about his personal life because it was not in accordance with claimant's religious beliefs.   The record reveals that, due to complaints from numerous co-workers, claimant had previously been counseled by the employer to refrain from espousing his religious beliefs in the workplace.   Under these circumstances, the decision of the Unemployment Insurance Appeal Board that claimant knew or should have known that continued injection of his religious beliefs in the workplace could lead to his termination is supported by substantial evidence (see, e.g., Matter of Hall [Hudacs], 192 A.D.2d 1043, 1044, 597 N.Y.S.2d 252;  see generally, Matter of D'Amico [Roberts], 122 A.D.2d 472, 504 N.Y.S.2d 861).   Furthermore, we find no violation of claimant's right to free speech (see, Matter of D'Amico [Roberts], supra, at 473-474, 504 N.Y.S.2d 861).

ORDERED that the decision is affirmed, without costs.

MEMORANDUM DECISION.